Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992 was revised, some additional articles by resolution No. 51/2001/QH10;
Congress enacted the law on mineral resources.
Chapter I GENERAL PROVISIONS article 1. Scope this law stipulates the basic geological investigation of minerals; protect the minerals not yet exploited; exploration, mineral extraction; State management of the minerals within the Mainland, Islands, internal waters, territorial sea, contiguous zone, exclusive economic zone and the continental shelf of the Socialist Republic Vietnam.
Mineral fuels; mineral natural water is not the heated mineral water, nature is not in the scope of this law.
Article 2. Explanation of terms In this law, the terms below are interpreted as follows: 1. The mineral is a mineral, useful minerals are naturally accumulate in solid, liquid, gas exists in the ground, on the ground, including minerals, minerals in the mine's waste dump.
2. Mineral water is natural water underground, where highway on the ground, have the composition, properties and a number of biologically active compounds that meet standards, technical regulation or standard Vietnam allowed foreign applied in Vietnam.
3. natural hot water is natural water underground, where highway on the ground, there's always the temperature at the source meets standards, technical regulation or standard Vietnam allowed foreign applied in Vietnam.
4. basic geological investigation of minerals is a research activity, the investigation on the structure, composition, material history, the development of the Earth's crust and the conditions, laws related to Metallogeny reviews overview mineral potential as a base for scientific exploration orientation of minerals.
5. mineral activities include mineral exploration, mineral extraction activities.
6. mineral exploration activity is to determine quality, mineral reserves and other mineral extraction service.
7. Mineral extraction activity is aimed at the recovery of minerals, including the construction of mining, digging, sorting stubs, enrichment and other related activities.
Article 3. The State's policy on minerals 1. The State has a strategic, mineral planning for sustainable development of socio-economic, defense and security in each period.
2. the State ensures protection, mineral exploitation, fair use, savings and efficiency.
3. State investment and implementation of basic geological investigation of minerals by mineral planning strategies; training, human resource development, scientific research, technology development, applications in basic geological investigation of minerals and mineral activities.
4. the State encourages the Organization, individuals involved in investment, cooperation with the specialized institutions of the State to investigate the geological base of minerals.
5. State investment in the exploration and exploitation of certain types of minerals important to serve socio-economic development, defense and security.
6. the State promotes investment projects associated with the mining and processing, the mineral used to make metal products, metal or other products of value and social-economic efficiency.
7. the State has a policy of exporting minerals in each period consistent with the goals of sustainable development of economy and society on the principles of ensuring priority source of raw materials for domestic production.
Article 4. Active principle mineral 1. Mineral activities are consistent with the strategy, planning, mineral associated with protection of the environment, natural landscapes, historical-cultural, landscape and other natural resources; ensure the defence, security, safety, social order.
2. mineral activities was conducted when the State Agency has the authority to allow.
3. mineral exploration must complete assessment quality, reserves of mineral exploration in the area.
4. Mineral extraction to get the effect of socio-economic and environmental protection basic standards to make investment decisions; application of advanced mining technologies, consistent with the scale, characteristics of each mine, the mineral to the maximum recovery of minerals.
Article 5. Local interests and people where minerals are mined 1. Where local minerals are exploited by the State regulate the revenues from mining operations to support socio-economic development under the provisions of the law on the State budget.
2. organizations and individuals responsible mining: a) supports investment costs of upgrades, maintenance, infrastructure construction techniques used in mining and construction for local welfare where minerals are mined in accordance with the law;
b) combined with mining infrastructure construction, protection, environmental restoration project-mining investment; If the cause of damage to infrastructure, buildings, other property, depending on the extent of the damage have to be responsible for the repair, maintenance, new construction or compensation under the provisions of the law;
c) priority local employers in mining and related services;
d) along with the local authorities ensure the transformation of occupations for people to have the land withdrawn to mineral extraction.
3. The compensation, resettlement, support for the Organization, individuals are using land recovered to make mining projects are implemented under the provisions of the law of the land and the other relevant regulations.
Article 6. Store information about minerals 1. Report the results of the basic geological investigation of minerals, the resulting report mineral exploration are stored pursuant to the law on archives.
2. geological specimens, minerals must be kept at the Museum of geology in the Department of natural resources and the environment in accordance with the law.
Article 7. Use information about minerals 1. The State administration on mineral resources has the responsibility to provide information on the minerals for the Organization, individuals when required in accordance with the law.
2. organizations and individuals use information about minerals to pay fees to use the information in accordance with the law on fees.
3. organizations and individuals use information on mineral exploration mineral service must repay the cost of the basic geological investigation of minerals; cases using information about mineral mining service must repay the cost of the basic geological investigation of minerals, mineral exploration expenses.
4. detailed rules the Government repaid the cost of the basic geological investigation of minerals, mineral exploration expenses.
Article 8. The prohibited acts 1. Advantage of mineral activities infringe the interests of the State, the legitimate rights and interests of organizations and individuals.
2. Taking advantage of exploration to mining.
3. Perform basic geological investigation of minerals, mineral activities when not yet State administration competent for permission.
4. unlawful activities hampered the investigation of fundamental geology of minerals, mineral activities.
5. Provide unlawful information on minerals in State secrets.
6. Knowingly ruin geological specimens, minerals or valuable and rare.
7. other acts prescribed by law.
Chapter II strategy, MINERAL PLANNING article 9. Mineral strategy 1. The mineral strategy to ensure the principles and bases of the following: a) fit with the strategy, the plan of social-economic development, defense, security, regional planning;
b) ensure demand for minerals serve the sustainable development of economy and society; exploitation, use Save mineral waste prevention;
c) needs, ability to meet domestic minerals and the possibility of international cooperation in the field of mineral resources for socio-economic development;
d) results of basic geological investigation of minerals made; the premise and the geological signs related to minerals.
2. mineral strategy must have the following major contents: a) the direction, objectives in basic geological investigation of minerals, mineral protection not yet exploited, exploration, exploitation, processing and use, saving minerals;
b) Orient geological fundamental investigation of minerals, mineral protection not yet exploited, exploration, mining for minerals processing group and fair use, save the following minerals mined in the strategy;
c) tasks and solutions in the fundamental geological investigation of minerals, mineral protection not yet exploited, exploration, mining for minerals processing group and fair use, save the following minerals extraction; national mineral reserves.
3. mineral strategy was established for the period of 10 years, the vision of 20 years according to the States economic development strategy-social.
4. Ministry of environmental resources and coordinated with the Ministry of industry and trade, Ministry of construction, Ministry of planning and investment, the Ministry, ministerial-level agencies and the relevant local establishment, the prime strategic minerals.
Article 10. Mineral planning 1. Mineral planning include: a) the planning of basic geological investigation of minerals;
b) planned exploration, General mining country;
c) planning the exploitation, use each type, mineral group making building materials and planning the exploitation, use each type, other mineral water group;
d) planned exploration, exploitation, use mineral province, central cities.
2. States mineral planning is defined as follows: a) States planning to investigate the geological base of minerals is a 10 year, 20 year vision;
b) States the planning regulations in points b, c and d of paragraph 1 of this article is 5 year, 10 year vision.
3. The Government assigned the Ministry held up, the Prime Minister approved the zoning type specified at points a, b and c of paragraph 1 of this article; regulating the planning for the exploration, exploitation, use mineral province, central cities.
Article 11. Planning basic geological investigation of minerals
1. The planning of basic geological investigation of mineral resources should ensure the following principles: a) fit with the strategy, the plan of social-economic development, defense, security, regional planning, strategic minerals;
b) orientation for the planning of exploration, General mining country.
2. Pursuant to the planning of basic geological investigation of minerals include: a) strategy, the plan of economic development-social, defense, security, regional planning, strategic minerals;
b) the results of the planning of basic geological investigation of minerals previously; the premise, the geological signs related to new mineral discovery.
3. Planning the basic geological investigation of minerals must have the following major contents: a) geological mapping and mineral investigation on the topographic map 1:50 000; construction of database system of information about geology, minerals;
b) reviews the potential each type, each group of minerals; identify promising areas of minerals;
c) reviews the results of the planning of basic geological investigation of minerals previously;
d) determines the scale of investment, the demand for the equipment, techniques, methods of analysis, experimentation serves basic geological investigation of minerals;
DD) solution, the progress of implementation planning.
Article 12. Planned exploration, mineral extraction in the country overall 1. The planning of exploration, mineral extraction in general throughout the country to ensure the following principles: a) fit with the strategy, the plan of social-economic development, defense, security, regional planning, strategic minerals;
b) ensure exploitation, fair use, savings, efficiency of minerals to serve current needs, while taking into account the development of science, technology and the demand for minerals in the future;
c) to protect the environment, natural landscapes, historical-cultural, landscape and other natural resources.
2. Pursuant to the planning of exploration, mineral extraction in common throughout the country including: a) strategy, the plan for socio-economic development, defense, security, regional planning, strategic minerals, planning to use the mineral industry;
b) mineral needs of the economic sectors;
c) results of basic geological investigation of minerals;
d) progress in science and technology in exploration, mineral extraction;
DD) the results of the planning period; results of the strategic environmental assessment under the provisions of the law on the protection of the environment.
3. Planning of exploration, mineral extraction in general the country must have the following major contents: a) investigation, research, General, reviews of natural conditions, and socio-economic status of exploration, extraction, processing, use of mineral resources;
b) reviews the potential mineral status investigation, exploration and mineral use needs of the economic sectors;
c) reviews the results of the planning period;
d) determines the direction, goals of exploration, mineral extraction in the planning period;
DD) delineated the mineral activity area, where demonstrated both the mineral areas dispersed, small. Mineral activity area is limited by the line segments connecting the points closed the angle on a map of national coordinate system with the appropriate rate;
e) regional mineral activity, the area temporarily bans operation of minerals; the area of the national mineral reserves;
g) solutions, progress on implementation planning.
Article 13. Planning the exploitation, use each type, mineral group making building materials and planning the exploitation, use each type, other mineral water Group 1. Planning the exploitation, use each type, mineral group making building materials and planning the exploitation, use each type, other mineral groups all over the country to ensure the following principles: a) fit with the strategy, the plan of social-economic development, defense and security , regional planning, strategic planning, mineral exploration, mineral extraction in general throughout the country;
b) ensure exploitation, fair use, savings, efficiency of minerals to serve current needs, while taking into account the development of science, technology and the demand for minerals in the future;
c) to protect the environment, natural landscapes, historical-cultural, landscape and other natural resources;
d) formerly used for many different purposes only in a planning.
2. planning to base extraction, using each type of mineral groups, making building materials and planning the exploitation, use each type, other mineral groups all over the country including: a) strategy, the plan for socio-economic development, defense, security, regional planning, strategic minerals planning, production using mineral exploration, planning, General mining country;
b) mineral needs for processing and use of the economic sector;
c) scientific and technological advances in exploration, mineral extraction;
d) the results of the planning period; results of the strategic environmental assessment under the provisions of the law on the protection of the environment.
3. Planning the exploitation, use each type, mineral group making building materials and planning the exploitation, use each type, other mineral water group must have the following principal contents: a) investigation, research, synthesis, evaluation of exploration, extraction, processing, use of each type of , group minerals in mineral activity area;
b) reviews the results of the planning period;
c) identified the need to use the minerals and the ability to meet the needs of States planning;
d) delineated details of mining and mineral sector investment of mining and mining progress. Mining areas is limited by the line segments connecting the points closed the angle on a map of national coordinate system with the appropriate rate;
DD) determines the scale, capacity, mining extraction technology requirements;
e) solution, the progress of implementation planning.
Article 14. Mineral planning adjustment 1. Mineral planning is adjusted in the following cases: a) when adjusting the strategy, plan for economic development-social, defense, security, regional planning, strategic minerals, mineral planning direct influence to the content of the approved planning or have big change on demand processing , use mineral economics;
b) Have new findings about minerals affect the nature, the content of the planning;
c) in the event of the case prescribed in clause 4 Article 28 of this law;
d) because of national interests, public interests.
2. the competent State agencies approved mineral planning decided to adjust the planning approval.
Article 15. Opinions and mineral plans 1. The opinions about the mineral planning is done as follows: a) the Agency held up the planning regulations in points a, b and c of paragraph 1 of article 10 of this Law, the Organization consulted the ministries, ministerial agencies, people's committees of provinces and cities under central Government (hereinafter referred to as the provincial people's Committee) are concerned about the mineral planning ahead When the Prime Minister for approval;
b) planning organization agency specified in point d of paragraph 1 of article 10 of this law, the organization obtained the opinion of the Ministry of natural resources and environment ministries, ministerial agencies concerned about the mineral planning before the competent State agency decision.
2. within 30 days from the date of approved mineral planning or is adjusted, the mineral planning organization is responsible for publicly planning for minerals.
Chapter III PROTECTION of UNDEVELOPED MINERAL article 16. General responsibility of undeveloped mineral protection 1. Minerals not yet exploited, including the minerals in the mine's waste dump has been closed are protected under the provisions of this law.
2. Agencies, organizations, individuals have a responsibility to protect undeveloped mineral, strictly implement the regulations on protection of undeveloped mineral.
3. the people's committees of all levels within the mission, his powers have a responsibility to protect the undeveloped mineral areas.
Article 17. The responsibility to protect mineral resources of the Organization, the individual 1. The Organization, the individual mineral activity is responsible for: a) When mineral exploration to evaluate General and full report the types of minerals found in the area of exploration for State management agencies have the authority to license;
b) When mining is applying advanced technology, in accordance with the scale, characteristics of each mine, the mineral types to maximum recovery deposits be allowed to exploit; If the new mineral discovery must immediately report to the State Agency has the authority to license; management, protection of mineral extraction but not yet used or minerals not yet recovered.
2. organizations and individuals use land have the responsibility to protect undeveloped mineral deposits in the area are used; Don't be mining, except in cases specified in point b of paragraph 2 Article 64 of this law.
3. The Agency held up the construction planning, urban planning, the planning of rural settlement construction when planning approval process must accompany the submission of written comments by the State Agency has the authority to grant the license provided for in Article 82 of this law.
Article 18. The responsibility to protect undeveloped mineral deposits of the people's Committee of the level 1. The provincial people's Committee in the scope of the task, their powers responsibly: a) issued under the authority of or or the competent State agencies issued the document to enforce the laws on local minerals;
b) organizing advocacy, dissemination, legal education in protecting undeveloped mineral deposits;
c) mineral protection organizations not yet exploited;
d) mobilize and coordinate the direction of local forces to relieve, prevent unauthorized mineral activities locally.
2. the people's Committee of the district, County, city, town in the province (hereinafter referred to as the people's committees at district level) within the scope of the task, their powers responsibly: a) the implementation of the provisions of the law on mineral resources locally;
b) Steering Committee of the people's communes, wards and towns (hereinafter referred to as the people's Social Committee) made mineral protection measures not yet exploited; to mobilize and coordinate the direction of local forces to relieve, prevent mineral activities.
3. in the township-level people's committees shall, of its powers is responsible for detecting and preventing timely unauthorized mineral activities; in collaboration with the relevant authorities protect the undeveloped mineral areas.
Article 19. The responsibility to protect undeveloped mineral of ministries, ministerial agencies 1. Ministry of natural resources and the environment, in collaboration with ministries, ministerial agencies directing implementation of the regulations on the protection of undeveloped mineral deposits under the provisions of this law.
2. The Ministry of public security, the Ministry of defence within the scope of the task, their powers are responsible for directing the implementation of fight crime prevention in the area of mineral resources; protection of undeveloped mineral deposits in border areas, Islands or mineral activity area for reasons of defence and security.
3. The ministerial-level agencies, within the scope of the mission, his powers have a responsibility to coordinate with the Ministry of natural resources and environment, the Ministry of public security, the Ministry of defense in the protection of undeveloped mineral.
Article 20. Funding for protecting undeveloped mineral secured State funding for mineral protection not yet exploited. Funding for protecting undeveloped mineral deposits are arranged in the estimation of State budget every year.
Chapter IV of the BASIC GEOLOGICAL INVESTIGATION of MINERALS article 21. The responsibility of the State in the investigation of geological mineral base 1. Basic geological investigation of minerals by the State made according to the approved plan.
The funding for the basic geological investigation of minerals are arranged in estimating the annual State budget.
2. Base the planning of basic geological investigation of minerals are the Prime approval and financing the State budget Affairs, the Ministry of natural resources and the environment implementation of basic geological investigation of minerals.
Article 22. The content of the basic geological investigation of minerals 1. The content of the basic geological investigation of minerals include: a) investigated mineral discoveries, along with the regional geological mapping, geology, disaster, environmental geology, geology of marine minerals, thematic maps and thematic research on geology, minerals;
b) mineral potential assessment by category, group of mineral and geological structure by promising in order to detect new mineral areas.
2. Ministry of natural resources and environment, detailing the content of the basic geological investigation of minerals; evaluation procedure, approval of the project, reported the results of the basic geological investigation of minerals.
Article 23. Rights and obligations of the organization performing the basic geological investigation of minerals 1. Implementation of basic geological investigation of minerals has the following rights: a) the investigation of geological mineral base according to the scheme was the State Agency has the authority to approve;
b) Moved beyond the basic geological investigation of minerals, including abroad the types of specimens with mass and type accord with nature and the requirement for analysis, testing according to the approved scheme.
2. Implementation of basic geological investigation of minerals has the following obligations: a) the registration of the basic geological investigation of the Minerals Management Agency to the competent State before the implementation;
b) done right the approved schemes and standards, technical standards, norms, unit price in basic geological investigation of minerals;
c) ensuring the integrity, full in the collection, compilation of documents, information about geology, minerals; not disclosed information about geology, minerals in the process of basic geological investigation of minerals;
d) for environmental protection, mineral and other resources in the process of basic geological investigation of minerals;
DD) The State Agency has the authority to approve the report of results of basic geological investigation of minerals;
e) report results of basic geological investigation of minerals was the State Agency has the authority to approve to the archives pursuant to the law on Archives; file the specimens in geology, minerals in the geological Museum as stipulated by the Ministry of natural resources and the environment.
Article 24. The Organization, individuals involved in the investment of basic geological investigation of minerals 1. Participation in investment in basic geological investigation of mineral resources should ensure the following principles: a) a fundamental investigation projects on geological minerals must be in the project directory in an investment is encouraged by the Prime Minister;
b) fundamental investigation projects on geological minerals must be The resources and environmental assessment;
c) project implementation basic geological investigation of minerals must be State administration competent supervision.
2. organizations and individuals involved in investment in basic geological investigation of minerals are of priority use information on minerals in the area was investigations when the action of minerals.
Chapter V MINERAL AREA in article 25. Mineral area classification 1. Mineral activity area, including areas with small, dispersed minerals.
2. Zone mineral activities.
3. The area temporarily bans operation of minerals.
4. The area of the national mineral reserves.
Article 26. Mineral activity area 1. Mineral activity area is the area containing minerals were basic geological investigation about minerals and get competent State bodies delineated in the planning regulations in points b, c and d of paragraph 1 of article 10 of this Law.
2. Pursuant to the request of the national defense, security assurances; preventing, minimizing the impact to the environment, natural landscapes, historic-cultural monuments; Special purpose forests protection, infrastructure works, the exploration, mineral extraction can be limited to: a) the Organization, individuals are allowed for exploration and exploitation;
b) produced;
c) exploitation time;
d) area, the depth of extraction and extraction methods.
Requirements of the base, ministerial-level agencies, State regulators have the authority to grant the license provided for in Article 82 of this law, the decision to form the mineral operation.
Article 27. The area has mineral dispersed, small 1. The area has mineral dispersed, small retail area is only suitable with small extraction forms are determined on the basis of the results of reviews of mineral in the stage of basic geological investigation of minerals or mineral exploration results is the competent State agencies for approval.
The area has a small, dispersed minerals is limited by the line segments connecting the points closed the angle on a map of national coordinate system with the appropriate rate.
2. Government Regulation details the delineated areas with small, dispersed minerals.
Article 28. Mineral activity area, the area temporarily banned mineral operations 1. Zone mineral activities include: a) the area of land with historical-cultural attractions have been rated or be zoned protected under provisions of the law on cultural heritage;
b forest land area) special purpose protective forest land, or land planning of afforestation, the geological reserve;
c) land area planning for the purpose of Defense, security or if the conduct of mineral activity can affect the performance of tasks of national defense and security;
d) Land use by religious establishments;
DD) Land in the corridor or the scope of protection of transportation, irrigation, Dyke; water supply, sewerage, waste disposal, electricity, petroleum, gas, contact information.
2. the temporary prohibited area mineral activity is delineated as having one of the following requirements: a) defense requirements, security;
b) nature conservation, historic-cultural attractions are being considered, State recognized or discovered in the course of exploration, mineral extraction;
c), avoid, overcome the consequences of disasters.
3. where the areas are mineral operations were announced as zone mineral activities, temporary prohibited area mineral activity organizations, individual mineral activities in that area be compensated for damages under the provisions of the law.
4. in case of need for exploration and exploitation of minerals in mineral activity area, the area temporarily bans operation of Minerals Management Agency, State licensing authorities specified in article 82 of this law shall report the prime consideration, decide on the adjustment planning related minerals.
5. the people's committees of provincial level delineated, the Prime Minister approved mineral activity area, the area temporarily bans operation of minerals after the opinion of the Ministry of natural resources and environment and the Ministry, ministerial agencies concerned.
Article 29. The area of the national mineral reserves 1. Mineral reserve areas are areas of undeveloped mineral is determined based on the results of the basic geological investigation of minerals, mineral exploration results, including: a) mineral areas need reserves for sustainable economic development-society;
b) mineral area but not yet eligible to tap effectively or are qualified exploitation but yet have the solutions to overcome adverse impact to the environment.
2. Ministry of environmental resources and hosted, in cooperation with ministries, ministerial agencies concerned delineated, the Prime Minister decides the mineral reserve areas.
Chapter VI protection of the ENVIRONMENT, land use, water, INFRASTRUCTURE in the MINERAL ACTIVITIES article 30. Environmental protection in mineral activities
1. organizations, individual mineral activity are the use of technology, equipment, environment-friendly materials; implement solutions to prevent, minimize the adverse impact on the environment and the improvement of environmental recovery, as prescribed by law.
2. organizations, individual mineral activity must implement the solution and bear all costs protect, renovate, restore the environment. The solution, the cost of the protection, improvement and restoration of the environment, must be defined in the project, the report reviews the environmental impact, commitment to environmental protection is the State Agency has the authority to approve.
3. Before conducting mining, organizations, individuals must sign Mining Reclamation fund environmental restoration, according to the regulations of the Government.
Article 31. Land use, infrastructure in the mineral operations 1. The Organization, the individual mineral activity is leasing land under the provisions of the law of the land, except not to use soil or mineral activity does not affect the use of the ground of the Organization, individuals are using the land legally. When mineral exploration license, the license terminates mining effect the land lease was also terminated in force; When each section of area mineral exploration, mineral extraction is returned then the rent contract also changed accordingly. When there is a change in the Organization, individuals are allowed to exploration, mining the land lease was signed.
2. organizations, individual mineral activities used the transportation system, telecommunications, electricity and other infrastructure to serve the mineral activities in accordance with the law.
Article 32. Water use in the mineral operations 1. The Organization, the individual mineral activities are water use under the provisions of the law on water resources.
2. Water source, water volume and water use, waste water discharge in mineral activities must be identified in the project of exploration investment projects, mining and mine design.
Article 33. Insurance in mineral activity organizations, individual mineral activities must purchase insurance means active service works, mineral and other insurance as prescribed by law.
Chapter VII Article 34 MINERAL EXPLORATION. The Organization, the individual mineral exploration 1. Organizations, individual business registration mineral exploration industries are mineral exploration include: a) enterprises established under the business law;
b) cooperatives, the cooperative association is established under the law on cooperatives;
c) foreign enterprises representative offices or branches in Vietnam.
2. business registration business Household industries mineral exploration mineral exploration was made common building materials.
Article 35. The condition of the organisation practice of mineral exploration 1. Organized mineral exploration practice must have the following conditions: a) was established under the provisions of the law;
b) Has people in charge of technical college graduates majoring in geology exploration has actual work in mineral exploration for at least 5 years; There is understanding, mastering standards, technical regulation on mineral exploration;
c) has a team of technicians specialized in geology exploration, geology, hydrogeology, geology, geophysics, drilling, mining and other related majors;
d) Have equipment, specialized tools needed to execute the process of mineral exploration.
2. Ministry of environmental resources and detailed rules of practice conditions mineral exploration.
Article 36. The choice of the Organization, the individual mineral exploration 1. The State Agency has the authority to choose the individual organization to license the mineral exploration in the area are not mining rights auctions.
2. Government Regulation details the selection of organizations, individual mineral exploration.
Article 37. The selection area established the mineral exploration, individual organizations specified in article 34 of this law needs mineral exploration survey was conducted in the field, sampling on the ground to choose an area of mineral exploration scheme set up after the approval in writing of the provincial people's Committee where the expected areas of mineral exploration property.
Article 38. An area of mineral exploration areas 1. Mineral exploration areas is limited by the line segments connecting the points closed angle, expressed on a map of national coordinate system with the appropriate rate.
2. An area of exploration area of a license for the type or group of minerals are defined as follows: a) not more than 50 square kilometres (km2) for gems, stones, minerals, metals except for bauxite;
b) not exceeding 100 square kilometres (km2) for coal, bauxite, non-metal minerals in the Mainland, with or without water, except minerals do conventional building materials;
c) do not exceed 200 square kilometres (km2) for the types of minerals in the continental shelf, except minerals do conventional building materials;
d) not more than 2 square kilometres (km2) in land, no more than 1 square kilometre (km2) in the available water for mineral building materials usually do;
DD) no more than 2 square kilometres (km2) for mineral water, hot water.
3. Exploration area must ensure the top-secret control mineral and geological structures have prospects for planned mineral exploration.
Article 39. Mineral exploration projects 1. Mineral exploration project must have the following major contents: a) exploratory method System appropriated to determine quality, mineral reserves, mining conditions, capable of processing, use the type of minerals contained in an area of exploration;
b) exploration work volume, number, type specimens should get analysis, ensuring adequate assessment of resources, quality, mineral reserves under the goal of exploration;
c) solution of environment protection, occupational safety, hygiene and labour in the process of exploration;
d) methods of calculating reserves;
DD) Organization construction solutions, project progress;
e) estimating the cost of exploration was established on the basis of the unit cost by the State agency regulatory authority;
g) duration of mineral exploration projects, the time the approval of mineral reserves and project time mining investment.
2. mineral exploration project must be verified before granting a licence in accordance with the Ministry of natural resources and the environment.
Article 40. Principles and conditions of mineral exploration license 1. The mineral exploration license must ensure the following principles: a) mineral exploration permits are granted only in the area without the Organization, individuals are the exploration or exploitation of mineral and not in the area of mineral activity, the area temporarily bans operation of minerals mineral reserve areas, countries or regions being investigated about the geological mineral base of the same kind with mineral exploration license, please;
b) Each individual organization be granted not more than 5 mineral exploration license, except for mineral exploration licence has expired; the total area of the area of the exploration licence in respect of a type of minerals not exceeding 10 times the area of exploration licence specified in paragraph 2 of this law, 38.
2. organizations and individuals are mineral exploration license must have the following conditions: a) Is the State governing body competent selection according to the provisions of article 36 of this law or hit mining rights auctions in the area yet to probe under the provisions of this law; If individual organizations are not eligible to practice prescribed in clause 1 Article 35 of this law, they must have a contract with the organisation are eligible mineral exploration practice prescribed in clause 1 Article 35 of this law;
b) Have appropriate exploration project with the planning of minerals; as for the toxic minerals have to be Prime for permission in writing;
c) Have equity of at least 50% of the total project investment in mineral exploration.
3. Households business prescribed in clause 34 of this Law Article 2 allowed the exploration of mineral building materials usually when eligible due to government regulations.
Article 41. Mineral exploration permits 1. Mineral exploration license must have the following major contents: a) the name of the Organization, the individual mineral exploration;
b) mineral Type, location, an area of mineral exploration areas;
c) method, the mass of the probe;
d) time limit for mineral exploration;
DD) financial obligations, other related obligations.
2. mineral exploration licence has a time limit not exceeding 48 months and can be renewed several times, but the total extension period not exceeding 48 months; renewal, organization, individual mineral exploration must return at least 30% of the mineral exploration sector according to the license granted.
The time limit for mineral exploration includes real time project mineral exploration, time the approval of mineral reserves and time project mineral extraction; the transfer of mineral exploration right for the Organization, the other individual, the duration of the probe is the remainder of mineral exploration licenses were granted earlier.
Article 42. Rights and obligations of the Organization, the individual mineral exploration 1. The Organization, the individual mineral exploration has the following rights: a) using information about associated mineral exploration and exploration area;
b) conducting exploration mineral exploration license;
c) Moved out of the area for exploration, including offshore the type specimen with the volume, type match the nature, requirements analysis, tested according to the project of exploration has been approved;
d) precedence mining permit in the area have exploring under the provisions of Article 45 of this law, paragraph 1;
DD) proposed the extension, return the mineral exploration licence or to pay back a part of area mineral exploration areas;
e) mineral exploration rights assignment;
g) complaint, Sue decided to revoke the license for exploration of minerals or other decisions of competent State agencies;
h) other rights prescribed by law.
2. organizations, individual mineral exploration has the following obligations:
a) licensing fee mineral exploration, other financial obligations prescribed by law;
b) make the right mineral exploration license, mineral exploration projects have been approved;
c) reported the State Agency has the authority to grant the licence consideration and approval in case of change of method or change the volume of the exploration cost is greater than 10%;
d) compensation for damage caused by exploration;
PREC) announced the plan polls for provincial people's Committee where mineral exploration before implementation;
e) collect, store information about minerals and reported results for mineral exploration state management bodies of minerals; other activities reported to the competent State agencies as prescribed by law;
g) perform the work when mineral exploration licences terminated in force according to the provisions in paragraph 3 Article 46 of this law;
h) other obligations prescribed by law.
43 things. Transfer of mineral exploration right 1. Individual organizations accept the transfer of mineral exploration right must be eligible to be licensed for exploration of minerals under the provisions of this law.
2. The transfer of mineral exploration right must be state regulators have Shenzhen mineral exploration permit approved; the case is approved, individual organizations accept the transfer of mineral exploration right licensed new mineral exploration.
3. organizations and individuals, the transfer of mineral exploration right has done is at least 50% of the mineral exploration projects.
4. The Government detailing the transfer of mineral exploration right.
Article 44. Toxic mineral exploration in addition to perform the obligation specified in clause 2 Article 42 of this law, organizations, personal exploration of toxic minerals must implement measures to prevent environmental pollution, adverse impact on human health; the case has caused environmental pollution, they must identify the factors causing pollution, make the remedy, reduce pollution; the case of the toxic mineral exploration that contains radioactive material also have to implement the provisions of the Atomic Energy Act and the other provisions of the relevant laws.
Article 45. Priority for the Organization, the individual mineral exploration 1. The Organization, the individual mineral exploration in the area are not mining rights auctions are priority mining permit for mineral reserves have been competent State agencies for approval within a period of 6 months from the date of mineral exploration license expires.
Expiry of priority prescribed in this paragraph, the Organization, the individual has not proposed exploration mining permit for the area have exploring the loss of priority suggested mining license.
2. where the State Administration has the authority to grant mining permits for the Organization, other private organizations, individuals granted mining licenses must repay the cost of exploration for the licensed capacity for the Organization, individuals have the probe before it was licensed to mineral extraction.
Article 46. Revoke, terminate the effect of mineral exploration permits 1. Mineral exploration license revoked in the following cases: a) After 6 months from the date of the license in force, the Organization, the individual mineral exploration is not conducting the probe, except in cases of force majeure;
b) Organization, individual mineral exploration in violation of the obligations prescribed in points a, b, c, d, e and e clause 2 Article 42 of this law which is not remedied within a period of 90 days from the date the State administration authority on minerals has notified in writing;
c) areas allowed mineral exploration was announced as zone mineral activity area or temporarily banning the mineral activities.
2. mineral exploration licences terminated in force when going to one of the following cases: a) a licence is revoked;
b) expiry licences;
c) license is returned;
d) Organization, personal exploration of mineral dissolution or bankruptcy.
3. Within a period of 6 months from the date of mineral exploration licences terminated in force as defined in points a, b and c of paragraph 2 of this article, the Organization, the individual mineral exploration must move the whole of its assets and of related parties out of the exploration area; Leveling works exploration, protection of mineral resources, environmental recovery, land; hand specimens, minerals information was collected for State administration authority on minerals. This provision does not apply to the case of organizations, individual mineral exploration is the proposal to extend the exploration license koáng license or mineral extraction.
Article 47. Records grant, renew, return the mineral exploration license, pay back a part of area mineral exploration areas, the transfer of mineral exploration right 1. Profile mineral exploration license include: a) licensing form mineral exploration;
b) mineral exploration projects consistent with the planning regulations in points b, c and d of paragraph 1 of article 10 of this Law;
c) map area mineral exploration;
d) A commitment to environmental protection for cases of toxic minerals exploration;
DD) copy of business registration certificate; the case is that foreign companies have to have a copy of the decision to establish a representative office, branch in Vietnam;
e) text confirming the equity according to the provisions in point c clause 2 Article 30 of this law;
g) case hit mining rights auctions in the area of mineral exploration yet they must have written confirmation of winning bid.
2. Profile extension of mineral exploration license include: a) the application to renew the licence for exploration of minerals;
b) report results of mineral exploration; mineral exploration plan;
c) map area mineral exploration have excluded at least 30% of the mineral exploration sector according to the license granted.
3. return the records of mineral exploration licence or to pay back a part of area mineral exploration areas include: a) the Menu offered mineral exploration licence or to pay back a part of area mineral exploration areas;
b) report results of mineral exploration;
c) case of returning a portion of the area of the exploration area must have a map of the area for exploration of minerals, mineral exploration plan next.
4. Record the transfer of mineral exploration right include: a) franchise form mineral exploration;
b) contract grant exploration about products;
c) reports results of exploration and the implementation of the obligation to propose the transfer of mineral exploration right;
d) a copy of the business registration certificate of the Organization, individuals receive the transfer of mineral exploration right; the case is that foreign companies have to have a copy of the decision to establish a representative office, branch in Vietnam.
Article 48. Procedures for granting, extension, return the mineral exploration license, pay back a part of area mineral exploration areas 1. The Organization, the individual grant proposals, renew, return the mineral exploration license, pay back a part of area mineral exploration sector filing in State management agencies have the authority to license the provisions of article 82 of this law.
2. The time limit for settling the record, renew, return the mineral exploration license, pay back a part of area mineral exploration areas are defined as follows: a) a maximum of 90 days from the date of receipt of a valid application for mineral exploration license;
b) 45 days maximum from the date of receipt of a valid application for renewal records, return the mineral exploration license, pay back a part of area mineral exploration areas.
3. where to get the opinion of the Agency, relevant organizations on matters relating to the granting, renewal, return the mineral exploration license, pay back a part of area mineral exploration areas, the poll time is not calculated in the time limits specified in point a and point b paragraph 2 of this Article.
4. The Government detailing the procedures to grant, renew, return the mineral exploration license, pay back a part of area mineral exploration areas.
Article 49. Approval of mineral reserves 1. The authority approved mineral reserves are defined as follows: a) the Council reviews the mineral reserves approved by the national mineral reserves under the authority granted by the Ministry of natural resources and the environment.
The Government regulates the organisation and functioning of the Council reviews of national mineral reserves;
b) provincial people's Committee approval of mineral reserves under the jurisdiction of your license.
2. organizations, individual mineral exploration licence issued by the Ministry of natural resources and the environment must be filed to report the results of mineral exploration the enclosed approval decision for the mineral reserves and resources and the environment.
The Organization, the individual mineral exploration licensing jurisdiction of provincial people's committees must file reports mineral exploration results accompanied the decision for approval of mineral reserves for the provincial people's Committee and the Ministry of natural resources and the environment.
3. procedure for the submission of results report mineral exploration conducted in accordance with the law on archives.
Article 50. Evaluation procedure, approval of mineral reserves 1. Profile approved mineral reserves including: a) petition for approval of mineral reserves;
b) a copy of the project of mineral exploration and mineral exploration license;
c) minutes of testing volume, quality mineral exploration works were constructed;
d) report results of mineral exploration attached appendices, drawings and original documents are relevant and a digitized.
2. The time limit for the evaluation, approval of mineral reserves and a maximum of 6 months from the date of receipt of a valid application.
3. Government regulation procedures for due diligence, approval of mineral reserves.
Chapter VIII MINING and ARTISANAL MINING and MINERALS Section MINING Article 51 1. The Organization, individual mining
1. organizations, individual business registration mining industries are mining, including: a) enterprises established under the business law;
b) cooperatives, the cooperative association is established under the law on cooperatives.
2. business registration business households mining industries are mining and construction materials do often, exploitation of artisanal mining.
Article 52. Mining sector 1. Mining areas is limited by the line segments connecting the points closed the angle on a map of national coordinate system with the appropriate rate.
2. Area, bounded by the depth of the mining area are reviewed on the basis of mining investment projects, consistent with the mineral reserves are allowed to put on the harness design.
Article 53. Principles and conditions of granting mining licenses 1. The mining license must ensure the following principles: a) mining permits are granted only in the area without the Organization, individuals are exploration, mineral extraction and not in the area of mineral activity, the area temporarily bans operation of minerals mineral reserve areas, countries;
b) Not divided the mineral sector can exploit effective investment in large-scale mining license for many organizations, individuals, small scale mining.
2. organizations and individuals granted mining licenses to have enough of the following conditions: a) Are projects of mining in the area have exploring reserves approval consistent with the zoning regulations at points b, c and d of paragraph 1 of article 10 of this Law. Investment projects in mining must have used specialized manpower, equipment, technology, advanced mining methods accordingly; as for the toxic minerals have to be Prime for permission in writing;
b) Has reported the environmental impact assessment or a commitment to protect the environment in accordance with the law on the protection of the environment;
c) Has equity at least equal to 30% of the total investment of the project mining investment.
3. Households business prescribed in clause 2 Article 51 of this law is allowed to exploit minerals do conventional building materials, artisanal mining minerals when eligible due to government regulations.
Article 54. Mining permit 1. Mining license must have the following major contents: a) the name of the Organization, the individual mineral extraction;
b) mineral Type, location, an area of mining area;
c) capacity, reserves, mining methods;
d) time limit for mineral extraction;
DD) financial obligations, other related obligations.
2. mining license has a time limit not exceeding 30 years and can be renewed several times, but the total extension period not exceeding 20 years.
The transfer of mining rights for individuals, the term of exploitation is the remainder of the mining licenses have been issued previously.
Article 55. Rights and obligations of the Organization, the individual mining 1. The Organization, the individual mineral has the following rights: a) using information about minerals related to the purpose of exploitation and the area is allowed to exploit;
b) conducting mining mining license;
c) probed mineral reserves upgrade within the area, the depth is allowed to exploit, but to notice the volume, time probe upgrades for State management agencies have the authority to license before implementation;
d) stored, transported, consumed and exported minerals mined under the provisions of the law;
DD) proposed the extension, return the mining licence or to pay back a portion of an area of mining area;
e) mining rights to transfers;
g) complaint, Sue decided to revoke mining licenses or other decisions of competent State agencies;
h) land lease under the provisions of the law of the land is suitable to the project mining investment, approved mining design;
I) other rights prescribed by law.
2. organizations, individual mining has the following obligations: a) payment granted mining license fees, mining, tax, charges and make other financial obligations prescribed by law;
b) ensuring basic construction progress of mining and extraction activities identified in projects of mining, mining design;
c) on registration begins construction on mine start tapping with state management agencies have the authority to license and notify the people's Committee of the levels where the mine before;
d) maximum extraction of minerals, minerals; protection of mineral resources; implementation of occupational safety, hygiene and environmental protection measures;
DD) collect, store information about the results of exploration of mineral reserves and upgrade mining;
e) reports the result mining for State management agencies have the authority under the regulations of the Ministry of natural resources and the environment;
g) compensation for damage caused by mining activities cause;
h) Created favorable conditions for organizations and individuals conducting scientific research activities are permitted in State mining area;
I) closed the mine, environmental restoration and land when mining permits terminate effect;
k) other obligations prescribed by law.
Article 56. Toxic mining containing radioactive material in addition to perform the obligation specified in clause 2 Article 55 of this law, organizations and individuals to toxic mining containing radioactive material also have to implement the provisions of the Atomic Energy Act and the other provisions of the relevant laws.
Article 57. Labour safety, sanitation workers in mining 1. The Organization, the individual mineral extraction, who worked in the mine is full implementation of the regulations on safety, hygiene and labour.
2. organizations, individual mining must enact labor regulations of the mine in accordance with the technical standards of occupational safety, hygiene and labour.
3. When there is a risk the problem of occupational safety, the Executive Director of mines must adopt the necessary measures to eliminate the cause of the crash.
4. When the problem of occupational safety, the Executive Director of mines must adopt urgent measures to fix the problem; Mayday, evacuate people out of dangerous areas; promptly report to the competent State agencies; protect your property, protect the scene of the crash.
5. Agencies, organizations, individuals have a responsibility to support the emergency and remedial safety issues.
6. organizations, individual mining must prepare reports on labor safety, labor hygiene in mining under the provisions of the law.
Article 58. Revoke, terminate effective mining license 1. Mining permit revoked in the following cases: a) after 12 months from the date of the license in force, organization, individual mining construction yet, except in cases of force majeure;
b) after 12 months from the date of expected start of exploitation, the Organization, the individual mineral extraction has not yet conducted, except in cases of force majeure;
c) Organization, individual mining in violation of the obligations prescribed in points a, b, c, d, e, f and g of paragraph 2 Article 55 of this law which are not remedied within a period of 90 days from the date the State administration authority on minerals has notified in writing;
d) area are allowed to exploit the minerals were announced as zone mineral activity, the area temporarily bans operation of minerals.
2. mining permits terminate effect occurs when one of the following cases: a) a licence is revoked;
b) expiry licences;
c) license is returned;
d) organizations, individual mineral dissolution or bankruptcy.
3. When the mining permits terminate the effect works, security equipment, environmental protection in mining areas owned by the State, not dismantled, destroyed. Within a period of 6 months from the date of mining permits terminate effect, organization, individual mining to move its remaining assets and of the related parties out of the mining area; After this time limit, the remaining property owned by the State.
4. Within the time limit prescribed in paragraph 3 of this article, organization, individual mining must perform the obligations related to the closure of the mine, reclamation, restoration of the environment and the land under the provisions of this law and the provisions of relevant laws.
Article 59. Records grant, renew, return the mining license, return the part area of mining areas, transfer of mining rights 1. Profile mining permit include: a) petition mining license;
b) map mining area;
c) decided to approve the mineral reserves of competent State agencies;
d) projects of mining approval decision and enclose a copy of the certificate of investment;
DD) assessment report on the environmental impact or a commitment to protect the environment;
e) copy of business registration certificate;
g) case hit mining rights auctions must have written confirmation of winning bid;
h) text confirming the equity as defined in point 53 of the Law Article 2 paragraph c.
2. extended profile mining licenses include: a) petition to renew the mining license;
b) map the current state of the mining at the time of the proposed extension;
c) reported results of operations to the point of renewal proposal; the remaining mineral reserves; the area of the proposal be further exploited.
3. return profile mining licenses or pay back a portion of an area of mining sector include: a) the Menu offered mining licenses or pay back a portion of an area of mining area;
b) map the current state of the mining at the time of the proposal;
c) reports results of mining activities until the time of return;
d) mine closure scheme in case of returning the mining license.
4. The record transfer of mining rights include: a) franchise form mineral extraction;
b) transfer mining rights about property, accompanied by a transfer of assets value statements;
c) map the current state of the mining at the time of assignment proposal;
d) report the result mining and the implementation of the obligation to recommend mining rights to transfers;
DD) copy of business registration certificate, a copy of the certificate of the Organization's investment, individuals receive mining rights to transfers.
Article 60. Procedures for granting, extension, return the mining license, return the part area of mining areas 1. The Organization, the individual grant proposals, renew, return the mining license, return the part area of mining sector filing in State management agencies have the authority to license the provisions of article 82 of this law.
2. The time limit for settling the record, renew, return the mining license, return the part area of mining area shall be as follows: a) a maximum of 90 days from the date of receipt of a valid application for mining license;
b) 45 days maximum from the date of receipt of a valid application for renewal records, return the mining license, return the part area of mining area;
c) cases must take the opinion of the authority, relevant organizations on matters relating to the granting, renewal, return the mining license, return the part area of mining areas, the poll time is not calculated in the time limits specified in point a and point b paragraph 2 of this Article.
3. The Government detailing the procedures to grant, renew, return the mining license, return the part area of mining areas.
Article 61. Design of mine 1. Mine design includes design, engineering design and construction drawings.
2. organizations, individual mining only allowed construction of mines, mining when there was designed the mine was established, the approval under the provisions of the law and submitted to the State administration authority on minerals.
3. Industry Regulation of mining design content.
Article 62. Mining Executive Director 1. Mining mining executives must have, except where exploitation of natural mineral water, hot water, exploitation of artisanal mining. A mining Executive solely mining operations under a mining license.
2. The Executive Director of mines must have the following criteria: a) master rules of mineral legislation and other legal provisions involved;
b) mastering the specialized technical standards, safety regulations, labour hygiene, protection of the environment in mining;
c) qualified organization, management, practical experience, mining engineering, safety engineering, environmental protection;
d) Executive Director mining right mining engineer or mining construction engineer of the time directly in mine open pit mining for at least 5 years;
DD) ceo exposed to mining is the mining engineers time directly exploited in quarries for at least 3 years; the case is the exploration of geological engineers are trained, fostered mining engineering and direct time mining at mine for at least 5 years.
Mining executives exposed metal not mine not to use explosives, industrial exploitation by manual methods do mineral building materials usually must have intermediate mining and direct time mining at mine for at least 2 years; the case of intermediate geology exploration must be training on mining techniques and time directly mining at mine for at least 3 years.
3. Mining Organization must inform in writing on professional level, management capacity of Executive Director of the mine for the State Agency has the authority to grant mining permits.
Article 63. Map the current state of the cross-sectional drawings, the current state of the area allowed to exploit, statistics, inventory of mineral reserves, mineral production exploitation 1. The Organization, individual mining are created, managed, stored map status, cross-sectional drawing the current state of the area allowed to exploit from the start of construction of mines until the end of the extraction.
2. organizations, individual mining is responsible to perform statistical, inventory of mineral reserves in the area are allowed to exploit, mineral production exploitation and responsible figures were statistics, inventory. Statistical results, inventory of the year reports are sent to the State Agency has the authority to grant mining permits.
3. Ministry of environmental resources and regulating the status quo mapping, drawing cross-sectional area status are allowed to exploit, statistics, inventory, report mode in mining.
Article 64. Mineral extraction made regular construction materials 1. How do mineral building materials typically include: a) the sand types (except white sand silica) SiO2 content less than 85%, has or have the minerals cansiterit, volframit, monazite, zircon, ilmenite, gold comes up but does not reach the target computer reserves pursuant to the Ministry of natural resources and the environment;
b), and tile brick making clay according to standards, Vietnam technical regulation, the type of clay (bentonite clay, kaolin clay minus) unqualified manufacturing building ceramics, refractory cement standard, samot, Vietnam technical regulation;
c the sandstone rock, quarzit) with SiO2 is under 85%, not containing or containing metallic minerals, native metals, radiation, rare element but do not reach the target computer reserves pursuant to the Ministry of natural resources and the environment or unqualified to do paving stones, stone carving by standard , Vietnam technical regulation;
d) sediment types (except for bentonite, Diatomite, rock contains keramzite), magma (except rock syenite to nepheline basalt columns form, or the form of foam), metamorphic rocks (except mica-rich shale vermiculit) does not contain, or contain metallic minerals, native metals, precious stones, semi-precious stones and radiation elements, rare but not reaching the target computer reserves pursuant to the Ministry of natural resources and the environment unqualified, making stone, stone carving, felspat engineering materials the production of ceramic products built according to the standards, Vietnam technical regulation;
DD) types of shale, except slate roofing, slate and shale containing mineral medium serixit or silimanit have greater than 30%;
e) Pebble, gravel, gold, Platinum, not containing precious stones and semi-precious stones; Bee rock does not contain native metal or metallic minerals;
g) limestone, clay, lime, marble (except white limestone, limestone outcrops and white marble) not qualified as raw materials for cement production pooc standard mausoleum, Vietnam technical regulation or unqualified to do production materials stone, stone carving by standard, Vietnam technical regulation;
h) Rock dolomite with Tony C. 15% smaller, unqualified Dolomite rocks glass production, building materials, stone production stone carving by standard, Vietnam technical regulation.
2. organizations, individual mineral building materials usually do not recommend mining license in the following cases: a) exploitation in the land of project construction investment were the State Agency has the authority to approve or allow investments that mining products can only be used for the construction of the process.
Before conducting mining, organizations, individuals must register for the area, volume, capacity, methods, equipment and mining plan at the provincial people's Committee;
b) exploitation of land in land use rights in the household's personal, to build the work of households, individuals in that area.
3. organizations, individual mining do conventional building materials specified in point a of paragraph 2 of this money to pay the mining rights.
Article 65. Mining in the area of project construction investment 1. The exploitation of minerals in the area have investment projects in construction, except the work prescribed in clause 2 of this Thing is done according to the following rules: a) for investment projects in the areas of building works discovered the Minerals Management Agency to the State licensing authorities specified in article 82 of this law decide the probe , mined before the project is approved or licensed investment;
b) for areas not yet investigated, evaluation of minerals in the process of building works discovered the Minerals Management Agency to the State licensing authorities specified in article 82 of this law the decision of extraction or non-extraction in the scope of construction works; the case decided to exploit is not required to conduct mineral exploration.
2. Areas of the project, the work of national importance under the authority to decide the investment policy of the National Assembly or project, important work in the jurisdiction to decide the investment policy of the Government, the Prime Minister, if detected has the Ministry of mineral resources and Environment coordinated with the the relevant departments and the provincial people's Committee had decided to place the mining exploration in the area of the project.
3. In the case of State administration authorities decided not to permit exploitation then must answer in writing to the investment decision, the Agency granted investment licenses or investor.
Article 66. Transfer of mining rights 1. The Organization, the individual is granted mining licenses have completed basic construction work, put the mine into operation shall be transferable mineral rights.
2. organizations and individuals who receive transfer of mining rights should be eligible to be licensed for mining.
3. The transfer of mining rights should be the State Agency has the authority to grant mining permits approved; the case is approved, individual organizations accept assignment of mining rights are granted for new mining permits.
4. The Government detailing the transfer of mining rights.
Section 2 EXPLOITATION of ARTISANAL MINING Article 67. Artisanal mining of mineral exploitation of artisanal mining is the mining activity remains in the mine's waste dump has decided to close the mine.
Article 68. The time limit for artisanal mining license of mineral extraction licenses artisanal mining has a time limit of not more than 5 years, including license renewal time.
Article 69. Rights and obligations of the Organization, the individual exploit mineral recovery 1. Individual organizations harness the artisanal mining has the rights specified in points b, d, e, g, h and i of paragraph 1 Article 55 of this law and do not have to pay mining permission.
2. organizations and individuals exploiting mineral recovery has the following obligations: a) licensing fees, taxes, fees and make other financial obligations prescribed by law;
b) perform the obligation prescribed in points b, d, e, f, g, h, i and k, item 2 Article 55 of this law.
Article 70. Records grant, renew, return the license to exploit the minerals recovered 1. Profile licensed artisanal mining of minerals including: a) Licensing application exploitation of artisanal mining;
b) map areas of artisanal mining for minerals;
c) project to exploit mineral recovery accompanied by the decision of approval; a copy of the certificate of investment;
d) report the environmental impact assessment or a commitment to protect the environment;
DD) copy of business registration certificate.
2. License renewal records artisanal mining of minerals including: a) petition to renew the license of artisanal mining for minerals;
b) reported the results of exploitation to the point suggest extended.
3. return the license profile artisanal mining of minerals including: a) petition to return the license of artisanal mining for minerals;
b) report results of artisanal mining for minerals to return the license;
c) mine closure project.
Article 71. Procedures for granting, extension, return the license to exploit the minerals recovered 1. The Organization, the individual grant proposals, renew, return the artisanal mining license application at the Minerals Management Agency to the State licensing authorities specified in article 82 of this law.
2. The time limit for settling the record, renew, return the license to exploit the recovered minerals are defined as follows: a maximum of 30 days) from the date of receipt of a valid application for licensing profile recovered mineral extraction;
b) 15 days from the date of receipt of a valid application for the record suggest extension, return the license to exploit the mineral recovery.
3. Government regulation procedures, extension, return the license to exploit the mineral recovery.
Article 72. Revoke the license of artisanal mining for minerals 1. Artisanal mining license of minerals recovered in the following cases: a) individual organizations exploit mineral recovery does not perform the obligation prescribed in paragraph 69 of this Law Article 2;
b) artisanal mining areas of minerals were announced as zone mineral activity, the area temporarily bans operation of minerals.
2. When artisanal mining license of minerals is revoked or expires, the Organization, the individual exploit artisanal mining to move his whole property out of the mining area, make the work of renovating, restoring the environment.
3. The case of artisanal mining license of minerals recovered under the provisions of point b of paragraph 1 of this Article, the Organization, the individual exploit mineral collectors dedicated to compensation for damages under the provisions of the law.
Item 3 CLOSED MINERAL MINING Article 73. Closure of mining organizations, individual mining is established the closed mines for the whole or part of the mining area in the following cases: 1. Have tapped out the whole or part of the reserve;
2. mining permits terminate effect but not yet exploited most of the mineral reserves in mining areas.
Article 74. Establishment and implementation of the project of mineral mines closed 1. The Organization, individual mining is established the mineral mine closure, the State Agency has the authority to grant the license provided for in Article 82 of this law for approval before implementation.
2. in case of the Organization, the individual mineral dissolution, insolvency or inability to perform the project closed the mine for minerals, the State Agency has the authority to license select organizations, individuals have sufficient capacity, implement the scheme closed mineral mining. Project funding closed the mine for minerals taken from the escrow money to renovate, restore the environment of the Organization, individuals are allowed to exploit.
Article 75. Approved, the results of the project of closed mining and mineral mine closure decisions 1. The State Agency has the authority to grant mining permits approved, the organization collecting the results of closed mining projects and decided to close the mine for minerals.
2. Ministry of environmental resources and the regulation of content, approval procedures, the results of the project of mineral mines closed and the decision to close the mine for minerals.
Chapter IX FINANCE ABOUT MINERALS and MINING RIGHTS AUCTIONS section 1 FINANCE ABOUT MINERALS Article 76. State budget revenues from mineral operations 1. Tax under the provisions of tax legislation.
2. the fees prescribed by the law.
3. Money granted mining rights.
Article 77. Money granted mining rights 1. The Organization, the individual must file the mining mineral extraction rights money. The State Mining Authority grant money through auction or not auction.
2. Money granted mining rights to be determined based on the price, quality, capacity, type of mineral or group of minerals, mining conditions.
3. The Government specifies the method of calculating, collecting the money granted mining rights.
Section 2 MINING RIGHTS AUCTIONS Article 78. The area of mining rights auctions 1. Mining rights auctions conducted in the areas of mineral activities, except for the area is the competent State bodies delineated area is not mining rights auctions.
2. Government regulation the criteria delineated areas not mining rights auctions.
3. Ministry of environmental resources and the Prime Minister decided not to auction area mining rights in the licensing authority specified in article 82 of this law.
4. provincial people's Committee decided not to auction area mining rights in the licensing authority specified in article 82 of this law.
Article 79. Forms, guidelines, conditions, procedure for mineral rights auction 1. This form of mining rights auctions include: a) mining rights auctions in the area yet mineral exploration;
b) mining rights auctions in the area have had the result of mineral exploration is the competent State agencies for approval.
2. Government Regulation principles, conditions, procedure for mineral rights auction.
Chapter X RESPONSIBILITIES GOVERNANCE of MINERALS Article 80. Responsible for the governance of mineral of the Government, ministries, ministerial agencies 1. The unified Government in State management of minerals.
2. Ministry of environmental resources and responsible to the Government implement state management of mineral resources within the country, which has responsibility for: a) issued under the authority or the State Agency has the authority to enact and implement the legal text of the minerals; issued technical standards, norms, unit price in basic geological investigation of minerals, mineral exploration;
b) Established, the prime strategic minerals; established, the Prime mineral planning as assigned by the Government;
c) delineated and mineral areas announced by the authority; delineated and the Prime Minister decided to auction the rights not area mining jurisdiction;
d) advocacy, education, common mineral legislation; training, fostering human resources for the work of the basic geological investigation of minerals and mineral activities;
DD) granted, renewed, revoked the license of mineral exploration, mineral extraction license; approval to return the license for exploration of minerals, mineral extraction licenses, pay back a portion of the area of the area of exploration, mineral extraction; held mining rights auctions jurisdiction;
e) Guide, holding active registration of basic geological investigation of minerals; stats, inventory of mineral reserves;
g) synthesis of the results of basic geological investigation of minerals, mineral activities situation; information management, geological specimens, minerals;
h) publish, publish the materials, basic census information about geological minerals;
I) Council reviews of national mineral reserves;
k) inspection, test, handle breaking the law on mineral resources according to the authority.
3. Ministries, ministerial agencies concerned within the scope of its powers, duties performed in State management, including the preparation and planning of the mineral as assigned by the Government; at the same time, in coordination with the Ministry of natural resources and the environment in the State management of the minerals.
Article 81. Responsible for the governance of the people's Committee of mineral levels 1. The provincial people's Committee in the scope of the task, their powers responsibly: a) issued under the authority of the text guide the implementation of the provisions of the State on the management, protection and management of mineral mineral activities locally;
b) delineated and the Prime Minister approved mineral activity area, the area temporarily bans operation of minerals; decide the area not mining rights auctions by the authority;
c), the competent State Agency approved the master plan for exploration, exploitation, use of local minerals according to the regulations of the Government;
d) recognition of the target computer in mineral reserves; approval of mineral reserves; stats, inventory of mineral reserves in the licensing authority;
DD) granted, renewed, revoked the license of mineral exploration, mineral extraction license, the license of artisanal mining for minerals; approval to return the license for exploration of minerals, the mining license, the license of artisanal mining for minerals, return the part area the area of exploration, mineral extraction; held mining rights auctions jurisdiction;
e) resolve the land rental jurisdiction mineral activities, use of technical and other related issues for the Organization, individuals are allowed to operate in local mineral deposits in accordance with the law;
g) implemented measures to protect the environment, minerals not yet exploit other natural resources, in accordance with the law; ensuring security, social safety and order in the area of minerals;
h) reported the State administration on mineral resources in Central on the situation of local minerals activity;
I) advocacy, education, common mineral legislation;
k) inspection, test, handle breaking the law on mineral resources according to the authority.
2. the people's committees at district level, the social level of people's Committee in the scope of the task, their powers responsibly: a) settlement under jurisdiction of land lease mineral activities, use of technical and other related issues for the Organization, individuals are allowed to operate in local mineral deposits in accordance with the law;
b) implemented measures to protect the environment, minerals not yet exploit other natural resources, in accordance with the law; ensuring security, social safety and order in the area of minerals;
c) committees report directly superior mineral activity situation;
d) advocacy, education, common mineral legislation;
DD) inspection, test, handle breaking the law on mineral resources according to the authority.
Article 82. Licensing authority of mineral exploration, mineral extraction licences 1. Ministry of natural resources and environment, mineral exploration license, no mining permits in the case prescribed in clause 2 of this Thing.
2. provincial people's Committee licensed to mineral exploration, mineral extraction permit do the conventional building materials, peat, mineral in mineral areas dispersed, small was the Ministry of natural resources and environment announced and delineated; Artisanal mining license of minerals.
3. State management agencies have the authority to license the mineral exploration, mineral extraction licenses, license exploitation of artisanal mining would then have the right to renew, revoke, approved the return type of that license; approval to pay back a portion of the area of the area of exploration, mineral extraction; approved the transfer of mineral exploration rights, mining rights.
Article 83. Specialist Inspector minerals 1. The State administration on mineral make specialist inspection functions of minerals.
2. Organization and activities of the specialized inspection of minerals made under the provisions of this law and the law on the Ombudsman.
Chapter XI ENFORCEMENT PROVISIONS Article 84. Transitional provisions 1. The Organization, the individual is licensed to mineral exploration, mining license before this Act in force shall be continued until the end of the time limit specified in the licence.
2. license artisanal mining of minerals in the mine was closed mines to liquidate was continued to the end of the time limit specified in the license and not been renewed or restored the license.
3. From the day this law is in effect, the Organization, individuals are made according to the mining license granted before the date of effect of this Law must submit the funds granted for the mining of mineral deposits not yet mined.
Article 85. Effect of this Law has effect from 1 January 2011.
The law on mineral resources, on 20 March 1996 and the law amending and supplementing some articles of the law No. 46 mineral/2005/QH11 expired from the day this law is in effect.
Article 86. Detailing and guiding the implementation of government regulations and detailed guidelines for implementing the article, account assigned in law; Guide to the essential content of this law in order to meet the requirements of governance.
This law was the National Assembly of the Socialist Republic of Vietnam XII, session 8 through November 17, 2010./.
